Document Content

DECISION No. 395/2004/QD-BKH OF APRIL 22, 2004 AUTHORIZING BAC GIANG PROVINCE'S INDUSTRIAL PARKS MANAGEMENT BOARD TO FORMULATE PROJECTS; RECEIVE AND APPRAISE PROJECT DOSSIERS; GRANT, ADJUST AND WITHDRAW INVESTMENT LICENSES AND MANAGE FOREIGN INVESTMENT PROJECT ACTIVITIES IN INDUSTRIAL PARKS, EXPORT PROCESSING ZONES

THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to the November 12, 1996 Law on Foreign Investment in Vietnam and the 2000 Law Amending and Supplementing a Number of Articles of the Law on Foreign Investment in Vietnam;

Pursuant to the Government's Decree No. 24/2000/ND-CP of July 31, 2000 detailing the implementation of the Law on Foreign Investment in Vietnam and Decree No. 27/2003/ND-CP of March 19, 2003 amending and supplementing a number of articles of Decree No. 24/2000/ND-CP of the Government;

Pursuant to the Industrial Park, Export Processing Zone and Hi-Tech Park Regulation issued together with the Government's Decree No. 36/CP of April 24, 1997;

Pursuant to the Government's Decree No. 61/2003/ND-CP of June 6, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Prime Minister's Decision No. 233/1998/QD-TTg of December 1, 1998 decentralizing and authorizing the grant of investment licenses for foreign direct investment projects;

Pursuant to the Prime Minister's Decision No. 261/2003/QD-TTg of December 10, 2003 establishing the Industrial Parks Management Board of Bac Giang province;

At the proposal of the People's Committee of Bac Giang province in Official Dispatch No. 08/CV-UB of April 6, 2004,

DECIDES:

Article 1.-

1. Bac Giang province's Industrial Parks Management Board (hereinafter called the Management Board for short) is the key body guiding investors in industrial parks and export processing zones to operate according to the Industrial Park, Export Processing Zone and Hi-Tech Park Regulation issued together with the Government's Decree No. 36/CP of April 24, 1997 in the geographical areas of Bac Giang province.

The investment project dossiers shall be compiled under the guidance of the Ministry of Planning and Investment.

2. To authorize the Management Board to receive and appraise the project dossiers; grant, adjust and withdraw investment licenses and manage foreign investment project activities in the industrial parks and export processing zones provided for in this Decision.

Article 2.- The investment projects for which the Management Board is authorized to grant investment licenses must satisfy the following conditions:

1. Being in line with the planning, charters and operation regulations of the industrial parks or export-processing zones, already approved by competent authorities.

2. Being industrial or industrial service projects capitalized at up to USD 40 million each, except Group-A projects prescribed in Article 114 of Decree No. 24/2000/ND-CP of July 31, 2000 and supplemented, amended at Clause 26, Article 1 of Decree No. 27/2003/ND-CP of March 19, 2003 of the Government.

3. Their equipment, machinery and technologies satisfy the current regulations; in case of failing to satisfy such regulations, they must be approved by competent State bodies managing the techno-economic branches.

4. Meeting the requirements on environ-mental protection, labor safety, fire and explosion prevention and fighting.

Article 3.- The consideration of grant of investment licenses according to the investment license-granting registration process or the investment license-granting appraisal process shall be effected by the Management Board in close coordination with the provincial Service of Planning and Investment and functional bodies of the locality as provided for in Articles 104, 105, 106, 107, 108 of Decree No. 24/2000/ND-CP of July 31, 2000 and supplemented and amended in Clauses 22 and 23 of Article 1 of Decree No. 27/2003/ND-CP of March 19, 2003.

The Management Board shall have to work out a Regulation on working coordination with the local functional bodies, submit it to the People's Committee of Bac Giang province for approval and notify the Ministry of Planning and Investment thereof.

Article 4.-

1. The Management Board shall organize the appraisal and decide itself on the grant of investment licenses to projects of the following types:

- Export processing enterprises with an investment capital of up to USD 40 million each;

- Industrial production enterprises and industrial service enterprises with an investment capital of up to USD 5 million each and meeting the regulations in Article 2 of this Decision.

2. The time limit for the Management Board to appraise and grant an investment license is 15 working days as from the date of receing the project dossiers, excluding the duration in which the investor amends and/or supplements the dossier of application for the investment license at the request of the Management Board.

All requests of the Management Board for amendment and supplementation of the dossiers of application for investment licenses, adjusted licenses must be implemented within 7 working days after receiving the project dossiers.

3. For investment projects not governed by the provisions of Clause 1 of this Article, the Management Board, before issuing decisions, shall have to send the project summaries to the Ministry of Planning and Investment; consult the ministries, branches on matters falling under their respective competence.

The ministries and/or branches consulted on projects, including cases of adjusting the investment licenses, shall have to reply in writing within 7 working days after receiving the project dossiers; if past the above-mentioned time limit they give no written replies, they are considered having approved the projects.

Article 5.- The investment licenses shall be made according to set forms guided by the Ministry of Planning and Investment.

Within 7 working days as from the date of granting the investment licenses or adjusted licenses, the Management Board shall send the investment licenses or the adjusted licenses to the Ministry of Planning and Investment and the People's Committee of Bac Giang province (the original) and the Finance Ministry, the Trade Ministry, the techno-economic branch- managing ministries and relevant State management bodies (the copies).

Article 6.- For projects for which the Management Board is authorized to grant the investment licenses, the Management Board, after receiving the dossiers, shall keep one set of dossiers (the copies) and transfer the rest enclosed with its written opinions on the projects, to the Ministry of Planning and Investment for appraisal and grant of investment licenses as provided for in Articles 109 and 114 of Decree No. 24/2000/ND-CP of July 31, 2000 and Decree No. 27/2003/ND-CP of March 19, 2003 of the Government.

Article 7.-

1. The Management Board shall guide investors in executing their projects; perform the State management over activities in the industrial parks and export processing zones according to the provisions in the Industrial Park, Export Processing Zone and Hi-Tech Park Regulation issued together with the Government's Decree No. 36/CP of April 24, 1997.

2. The Management Board shall adjust investment licenses for investment projects it is authorized to license within the authorized investment capital limit.

3. Cases where the Management Board shall decide with the consent of the Ministry of Planning and Investment:

- The adjustment of investment licenses leads to the excess of the authorized capital limit, the change in objectives or addition of objectives of projects on the list of conditional investment domains.

- The decrease of the Vietnamese parties' legal capital contribution percentage in case of joint ventures or shift from joint-venture to form of investment with 100% foreign capital.

- Dissolution of foreign investment enterprises or termination of business cooperation contracts ahead of time.

4. The Management Board shall decide on the dissolution of enterprises and withdraw the investment licenses according to the current regulations.

Article 8.- Quarterly, biannually and annually, the Management Board shall sum up the grant of investment licenses, the adjustment of investment licenses, the situation of activities of enterprises in the industrial parks or export processing zones under its management and send the reports thereon to the Ministry of Planning and Investment and the People's Committee of Bac Giang province.

Article 9.- The Ministry of Planning and Investment shall create all favorable conditions for, and check the Management Board in performing the authorization strictly according to regulations, take responsibility before law and the Government for its authorization prescribed in this Decision.

Article 10.- This Decision takes implementation effect 15 days after its publication in the Official Gazette.

Minister of Planning and Investment
VO HONG PHUC